MIDDLEFIELD PLANNING & ZONING COMMISSION
405 Main Street
Middlefield, Connecticut 06455
Minutes of the May 14, 2014 Regular Meeting
Bob Johnson, Chairman, called the meeting to order at 6:36 pm.
Attendance:
Members Alternates
X / Boyle, Kevin / X / Carlson, BrookeX / Johnson, Robert / X / Wilson, Erin
X / Russ, Jerry
X / Tyc, Peter
X / Wheeler, Scott / Others
X / Colegrove, Geoff
A / Curtis, Brian
A / Johanson, Alan
A=Absent
X=Present
Frank DeFelice was present at tonight’s meeting.
Public Comment
There was no one present from the public who desired to comment.
Report of the ZEO
Bob Johnson reported that he has not received anything from the ZEO. Mr. Johnson did speak with the Selectmen regarding appointing the zoning enforcement officer to have the authority to follow up on junk vehicles.
Frank DeFelice; River COG Update
Bob Johnson and Geoff Colegrove gave some background on the Lower CT River Valley Council of Governments.
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May 14, 2014
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Frank DeFelice, chairman of the River COG’s Planning Commission, thanked the Commission for the opportunity to attend the meeting. Mr. DeFelice gave further detail about the River COG’s purpose and was present at the meeting to give the Commission an update. Mr. DeFelice distributed a list of 12 questions that cover the 12 areas of the plan.
Geoff Colegrove gave some backgrounds on the various regions throughout the state and which regions have merged. Mr. Colegrove explained that the original 15 regions have been reduced to nine. The Lower CT River COG was the first to merge voluntarily.
Mr. DeFelice then went through the questions and areas of concern for the plan. Mr. DeFelice mentioned the concern of young people leaving the state and what could be done to attract them to both come here and stay here. Education and recreation were both mentioned. Healthcare and the environment are also important. Energy, housing and cost of living are all concerns.
Frank DeFelice explained that the River COG prepared these questions so that the people of Middlefield can be involved in the process and contribute their responses. Mr. DeFelice explained there are three levels: the town’s plan of conservation and development which should align somehow with the regional plan which should then align with the state’s plan. Mr. DeFelice reminded the Commission that the voice of small towns, like Middlefield and Durham, matters just as much as the voice of the larger towns.
Erin Wilson commented that the reason the regions were condensed down was for the economic perspective of reporting and the River COG can work together with the larger cities and towns. But because we are smaller communities, it is important that our voices be heard. Mr. DeFelice explained that it is partially about money, but also explained that when funds are requested, one of the first questions asked is, is that in your plan. Geoff Colegrove commented that projects are ranked and discretionary funds are hard to come by. OPM will look to see if the project is consistent with the plan.
Bob Johnson asked the members of the Commission to take a look at the questions and get their input back to him. Mr. DeFelice would like to have members of the River COG come to meet with the Commission some time this summer. Mr. DeFelice also suggested that other boards and commissions be invited to this meeting.
Bob Johnson invited the Commission members to join him at the River COG meetings and urged them to check out the website.
Frank Garcia, Loyal Fence Company; One Lorraine Terrace
Bob Johnson thanked Mr. Garcia for his persistence and for providing additional information. Mr. Johnson reviewed the current information for the Commission and that Mr. Garcia is asking for a waiver from section 10.02.b-2.1, special permit, because previous site plans have been filed and approved. Attorney Branse had previously clarified that the applicant can ask for a waiver.
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May 14, 2014
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Geoff Colegrove has met with Frank Garcia and with Pat Benjamin, Bascom & Benjamin, to go over the site plan. Mr. Colegrove understood that the fencing was on the east side of the property, but the map showed it the other way around. Frank Garcia explained that that fence is actually part of the display and that privacy fence will be installed around the storage area. Mr. Garcia did agree to install privacy fence on the Lorraine Terrace side, if the Commission requests.
Frank Garcia reviewed any changes that have been made to the plan. No new lighting has been added.
Erin Wilson felt that the storage areas are quite prominent and the Commission should prefer for the storage to move closer to the Crescimano property. Geoff Colegrove mentioned that that would move it closer to the wetlands and the location was chosen for that reason. Ms. Wilson asked if that was what the Commission really wants to have visible and that the applicant may, in fact, have to go through the wetlands process.
Mr. Garcia, again, agreed to install a six-foot vinyl fence in the area specified along Lorraine Terrace with privacy slats. He also agreed to run the white vinyl fence along Route 66. Ms. Wilson feels that the trucks will be able to be seen over the fence. Mr. Garcia mentioned that the trucks are not parked there during the day.
Erin Wilson feels that it will look like a junk yard and that if the Commission allows this, conditions should be put on what can go on the space labeled as outside storage. Mr. Garcia mentioned that the fencing will also be stored in that area, but he orders the materials on a per-customer basis and doesn’t keep a lot of inventory.
Geoff Colegrove feels that the previous site plan for the Putt Putt Golf Course is an up-to-date, as-is site plan showing what is existing on the site and Mr. Garcia has provided the appropriate updates.
Erin Wilson reminded the Commission that if they want to vote for the waiver, they should address several questions. Is the proposed change of use less intensive than the previously-approved special permit? The change of use will not require greater parking or loading than the approved special permit. Commission members felt both of those issues have been addressed. The change of use entails no exterior changes to existing buildings and all other changes are not permanent. Ms. Wilson asked if the outdoor storage was considered permanent. The change in use will have no impact on the site, the neighborhood or the town which are different from uses currently approved. Again, Ms. Wilson feels it will be a different use and the Commission has to decide if that use is more intensive or will have a greater impact on the community.
Geoff Colegrove reviewed the differences in operation between the Putt Putt Golf Course and the Loyal Fence Company and feels that Loyal Fence is clearly less intensive.
Erin Wilson maintained that the fencing and storage area should be switched back to how it was originally proposed, regardless of any impact on the wetlands.
Brooke Carlson asked Mr. Garcia why he chose this location for his company. Mr. Garcia feels it is a perfect location on Route 66 for visibility. He presently has a lease for a year, followed by a month-to-month basis.
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May 14, 2014
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Erin Wilson again asked about the storage area and the issue of public hearing vs. wetlands review. The Commission took a look at the plan to see the location of the wetland review area and then had a discussion about the numbers of neighbors on Lorraine Terrace. There was also discussion about the similarities of these criteria to what had occurred at Powder Ridge. There was also discussion about holding a public hearing without the need for a special permit. Geoff Colegrove gave the Commission a few options.
Bob Johnson remarked that the next agenda item will, in fact, require a public hearing and asked the Commission about possibly holding a special meeting in two weeks to handle both of these issues or wait until the June 11th meeting. The Commission felt that it would probably be best to wait until June 11th. Mr. Garcia agreed to make the suggested changes, but wanted to be sure the Commission wasn’t going to require anything else. Erin Wilson suggested that Mr. Garcia have supporting documents and pictures. Geoff Colegrove suggested Mr. Garcia prepare a packet of information and send it to the neighbors living in Middlefield. It was then suggested that a sign be posted and the public hearing be noticed in the newspaper.
Scott Wheeler stated that he agreed in principle, but not on this particular property. Mr. Wheeler summarized that the Commission is entertaining waiving the special permit, but that the applicant needs to move forward with everything that pertains to a special permit.
Frank Garcia then asked if the Commission would be happier if he removed the trucks from the storage area and used it just for display. He would be willing to park his trucks somewhere else for this season. The Commission agreed that that would be a much cleaner operation.
A motion was made by Scott Wheeler, seconded by Jerry Russ, to grant a waiver to Frank Garcia, Loyal Fence Company, One Lorraine Terrace, for the special permit requirements based on the fact that there is a previously-approved special permit for Putt Putt Golf Course and there is a filed site plan. The applicant provided an updated site plan, showing the non-structural improvements (i.e., equipment storage, fence display and screening and privacy fencing). Conditions include no commercial parking or storage of commercial trucks, materials or equipment related to construction activities and that an updated site plan be filed with the Town Clerk within 90 days. The motion carried unanimously.
The Commission thanked Mr. Garcia and wished him the best of luck.
The Commission then took a short break.
Joseph Darmanin, 17 Louis Road; Application for Approval of Subdivision or Resubdivision
Bob Johnson explained that Mr. Darmanin recently got through the ZBA process with some conditions.
Joseph Darmanin explained that he has obtained three variances on the property. The first is a shared driveway of 25 feet which is a variance of 12.5 for the present house and 12.5 for the future house. The second variance was for an interior lot and the last variance was a ratio of lots on the road vs. the number of interior lots. Mr. Darmanin explained that, in the past, his engineer has had discussions with Brian Curtis regarding the driveway and any issues have been ironed out. Geoff Colegrove explained to the Commission that Mr. Darmanin now has all the necessary variances. There was some question as to which version of the map is the latest. Mr. Darmanin believes that all changes have been made to the maps, but the dates may not have been changed.
Middlefield Planning & Zoning Commission Minutes
May 14, 2014
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Geoff Colegrove also suggested that Brian Curtis’ comments could be put as notes on the map. Lee Vito had also required an engineered septic system which was mentioned. Mr. Colegrove stated that the few items that are missing are minor, but that the maps should be updated for the public hearing.
Mr. Darmanin reiterated what he understood that the Commission wanted regarding the driveway and asked if his attorney needed to review any easement. Mr. Colegrove has a document for a common driveway easement that had been approved by the Commission’s counsel that he can provide as a guide, but Mr. Darmanin’s attorney should prepare it as part of the submission to the Commission and it should be shown on the map. The new maps should be in to the Town Clerk’s office two weeks before the public hearing.
Brian Curtis’ letter gave a clean bill of health as far as the drainage was concerned to the map dated 10/21. Erin Wilson asked Geoff Colegrove to supply his comments to the applicant’s engineer to provide some assistance with this. Mr. Colegrove suggested that Mr. Darmanin give his phone number to his engineer for any questions.
Joseph Darmanin will post a sign and notify the abutting neighbors and provide an actual easement for the driveway. Geoff Colegrove explained that the Commission’s attorney will review the easement and when the project is approved, that easement will become part of the land records, along with the maps. Mr. Darmanin also asked if his attorney feels that the survey maps do not need to be redone, if a letter would be adequate. Mr. Darmanin will be sure that the engineering maps are redone with the proper date. Erin Wilson explained the process to Mr. Darmanin. He was also reminded to include erosion and sedimentation controls.
At this point, Bob Johnson suggested that this be put on the agenda for a public hearing on June 11, 2014. Mr. Johnson reminded Mr. Darmanin to bring proof of mailing to the abutting property owners. Geoff Colegrove also stated that three copies of the new engineering map should be supplied.
Bob Johnson then stated that, in his opinion, he believes the application is incomplete. Erin Wilson asked a question about the application process and the fact that the Commission holds off on a public hearing until everything is complete. Ms. Wilson feels that certain items could be done as a condition of approval, such as the easement. Brooke Carlson then asked if the Commission is obligated to accept an application if it is incomplete. Bob Johnson clarified that when he says incomplete, he does not mean the review done by the Town Planner and that they are working on developing a checklist for what is required with an application. Erin Wilson stated that you cannot legally not accept an application and we must abide by state statutes. Ms. Wilson feels that great progress is being made on the process and thanked Geoff Colegrove for his review.